Item - 2012.EX22.4

Tracking Status

  • This item was considered by Executive Committee on September 10, 2012. The Executive Committee has referred this item to an official or other body without making a decision. Consult the text of the decision for further information on the referral.

EX22.4 - Review of the City of Toronto’s Policies on Anti-Discrimination

Decision Type:
ACTION
Status:
Referred
Wards:
All

Committee Decision

The Executive Committee:

 

1.         Referred the item back to the City Manager, with the request that he:

 

a.         revise the Declaration of Compliance to include anti-discriminatory City policies which go beyond provincial and federal statutes and legislation.

 

b.         report on amendments to the City's anti-discrimination policies, which would state that the City condemns harassment, denigration, discriminatory actions, promotion of hatred or anything which shows a  lack of respect for all persons.

 

c.         report on amendments to the City's Grants Policy and ensure that events which are funded by the City of Toronto, and/or take place on City of Toronto property, are in accordance with the objectives of the City of Toronto of promoting respect, tolerance and diversity and that the grants guidelines and use of space guidelines are consistent with the amended Grants policy.

 

d.         consider the following motion in the requested report:

 

"That in respect of the application of the anti-discrimination policy to the grants programs, in light of the purposes of the grants policy and the community complaints, Council also give specific direction for the imposition of a condition of the funding for the 2013 Pride event, that the term "Israeli Apartheid" not be permitted to be used as part of the event,"

 

2.         Requested the City Manager to submit the report to the Executive Committee by the end of the first quarter of 2013.

Origin

(May 29, 2012) Report from the City Manager

Summary

At its June 15, 2011 meeting, Council directed the City Manager to review the City's anti-discrimination policies and to report back to Council with updated policies that would ensure that events funded by the City of Toronto were conducted in accordance with the City's policies on access, equity and anti-discrimination.  Council requested this review because of a controversy around the participation of Queers Against Israeli Apartheid in the City-funded annual Pride Parade.  This report responds to Council's June 2011 direction.

 

The review of the City's policies on anti-discrimination, access & equity resulted in three major findings:

 

1.         The anti-discrimination, access & equity legislative and policy landscape has evolved over time and become quite complex.  The lack of an overarching framework that documents the alignment among provincial and federal legislation, City policy and municipal services can create confusion regarding roles, responsibilities and the limits of the City's authority.  

 

2.         The application of City policies and processes is clear and well understood when a complaint of discrimination, racism, harassment, or hate activity is received regarding a directly delivered service.   However, there is a lack of clarity regarding the application of City policies and processes when a complaint is received regarding an organization or service that has entered into a contract with the City. 

 

3.         The existing Declaration of Non-Discrimination Policy Form is not aligned to City's evolving legislative and policy obligations and commitments.

 

In response to these findings, this report provides Council with an overarching Equity, Diversity, and Human Rights Legislative and Policy Framework (Appendix A) that clarifies and aligns the City's legislative obligations with its policy commitments and divisional processes as they pertain to discrimination, racism, harassment, hate, as well as access, equity, diversity and human rights.  The report also provides a Discrimination Complaint Handling Framework (Appendix B) that clarifies the process for handling discrimination complaints for directly delivered and contracted services/grant recipients. As a result of the above, this report recommends that Council adopt the revised Declaration of Compliance with Anti-Discrimination Legislation (Appendix C) in order to ensure consistency with the above mentioned frameworks.

Background Information

(May 29, 2012) Report from the City Manager on the Review of the City of Toronto’s Policies on Anti-Discrimination
https://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-48460.pdf
(May 29, 2012) Appendix A: Equity, Diversity and Human Rights Legislative and Policy Framework
https://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-48461.pdf
(May 29, 2012) Appendix B: Discrimination Complaints Handling Framework
https://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-48462.pdf
(May 29, 2012) Appendix C: Declaration of Compliance with Anti-Discrimination Legislation
https://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-48463.pdf

Communications

(June 8, 2012) E-mail from Ceta Ramkhalawansingh (EX.Main.EX22.4.1)
https://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-30867.pdf
(September 1, 2012) E-mail from Lishai Peel, Coordinator, Toronto Women's City Alliance (EX.New.EX22.4.2)
https://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-31320.pdf
(September 6, 2012) E-mail from Sherry Campbell, President, Frontier College (EX.New.EX22.4.3)
https://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-31321.pdf
(September 7, 2012) E-mail from Betty Courtney (EX.New.EX22.4.4)
(September 7, 2012) E-mail from Margaret Eaton, President, ABC Life Literacy Canada (EX.New.EX22.4.5)
https://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-31331.pdf
(September 10, 2012) E-mail from Sandra Lopes (EX.New.EX22.4.6)
(September 10, 2012) Letter from Councillor James Pasternak, Ward 10 - York Centre (EX.New.EX22.4.7)
https://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-31421.pdf
(September 11, 2012) Submission from Stacey Starkman, Friends of Simon Wiesenthal Center's (EX.New.EX22.4.8)

Speakers

Martin Gladstone
Ceta Ramkhalawansingh
Anita Bromberg and Jonathan Mackenzie, National Director, Legal Affairs, B'Nai Brith Canada
Vivienne Ziner
Sharon Edwards
Stacey Starkman, Communications Manager, Friends of Simon Wiesenthal for Holocaust Studies
Stephen Adler
Councillor Janet Davis
Councillor James Pasternak
Councillor Gord Perks
Councillor Shelley Carroll
Councillor Pam McConnell

Motions

1 - Motion to Refer Item moved by Councillor David Shiner (Carried)

1.         That the item be referred back to the City Manager, with the request that he:

 

a.          revise the Declaration of Compliance to include anti-discriminatory City policies which go beyond provincial and federal statutes and legislation.

 

b.          report on amendments to the City's anti-discrimination policies, which would state that the City condemns harassment, denigration, discriminatory actions, promotion of hatred or anything which shows a  lack of respect for all persons.

 

c.         report on amendments to the City's Grants Policy and ensure that events which are funded by the City of Toronto, and/or take place on City of Toronto property, are in accordance with the objectives of the City of Toronto of promoting respect, tolerance and diversity and that the grants guidelines and use of space guidelines are consistent with the amended Grants policy.

 

d.         Consider the following motion in the requested report:

 

"That in respect of the application of the anti-discrimination policy to the grants programs, in light of the purposes of the grants policy and the community complaints, Council also give specific direction for the imposition of a condition of the funding for the 2013 Pride event, that the term "Israeli Apartheid" not be permitted to be used as part of the event,"

 

2.         That the requested report be submitted to the Executive Committee by the end of the first quarter of 2013.

Vote (Refer Item) Sep-10-2012

Result: Carried Majority Required - EX22.4 - Shiner - Motion 1
Total members that voted Yes: 9 Members that voted Yes are Michelle Berardinetti, Mike Del Grande, Doug Holyday, Peter Milczyn, Denzil Minnan-Wong, Cesar Palacio, Jaye Robinson, David Shiner, Michael Thompson
Total members that voted No: 1 Members that voted No are Norman Kelly
Total members that were Absent: 3 Members that were absent are Paul Ainslie, Rob Ford (Chair), Giorgio Mammoliti

2 - Motion to Amend Item (Additional) moved by Councillor Michael Thompson (Redundant)

1.         That City Council direct that ownership data on equity designated groups among suppliers of goods and services continue to be collected.

 

2.         That the City Manager submit directly to Council a revised Declaration of Compliance with Anti-discrimination legislation and policies, which would include all the existing grounds of anti-discrimination in current city policies.

Source: Toronto City Clerk at www.toronto.ca/council